Exploring the issue of online hate and harassment

The Every Lawyer

#Government #Law #Small Firm #Solo Firm #Law Students #Law School #Association #Canadian Bar Association #Society #Podcasting Education #Lawyers

13:44

Legendary actor and mental health advocate Glenn Close is on a quest to change how we think about mental health, starting with her decision to speak out about her own family's struggles — a brave choice considering the stigma that pervades the topic. This week, we're revisiting this sweeping conversation with TEDWomen curator Pat Mitchell, where Close shares the inspiration behind the advocacy group she founded to combat the crisis, underscoring the transformative power of community and the critical need for comprehensive mental health care systems. Want to help shape TED’s shows going forward? Fill out our survey ! Become a TED Member today at ted.com/join Hosted on Acast. See acast.com/privacy for more information.…

4 years ago 25:40

MP3•Episode home

This episode was recorded before the horrific, hate-motivated attack on a Muslim family in London, Ontario, on June 7, 2021.

An interview with David Matas, senior legal counsel for B’Nai Brith Canada, who was instrumental in drafting the CBA’s submission on these issues of online hate. We talk Section 13 of the Canadian Human Rights Act, procedural safeguards and the balance between freedom of speech and protection against online hate.

Click here to view Legal Remedies for Victims of Hate Speech

To contact us (please include in the subject line ''Podcast''): podcasts@cba.org

Please subscribe, rate and review our podcast if you are enjoying it on Apple Podcasts.

110 episodes

Exploring the issue of online hate and harassment

The Every Lawyer

18 subscribers

published 4 years ago

MP3•Episode home

This episode was recorded before the horrific, hate-motivated attack on a Muslim family in London, Ontario, on June 7, 2021.

Click here to view Legal Remedies for Victims of Hate Speech

To contact us (please include in the subject line ''Podcast''): podcasts@cba.org

Please subscribe, rate and review our podcast if you are enjoying it on Apple Podcasts.

110 episodes

#Government #Law #Small Firm #Solo Firm #Law Students #Law School #Association #Canadian Bar Association #Society #Podcasting Education #Lawyers

All episodes

The Every Lawyer

1
Legislative Reconciliation – Naiomi Metallic on Legislating Indigenous Self-government in Child Welfare 55:46

45 weeks ago55:46

55:46

“Legislative Reconciliation is Governments using legislative powers for good and not bad. The Indian Act, you might say, was the government using its powers for bad, for a very long time.” -Prof. Metallic Professor Naiomi Metallic, divides her time between practice and teaching at Dalhousie University’s Schulich School of Law where she holds the Chancellor’s Chair in Aboriginal Law and Policy. She was part of the legal team that intervened on behalf of the First Nations Child and Family Caring Society led by Cindy Blackstock, a longtime advocate for child welfare and Indigenous children’s rights. The SCC referenced Prof. Metallic’s article, Aboriginal Rights, Legislative Reconciliation and Constitutionalism (dal.ca) , in their Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, and she is this year’s winner of the CBA’s Ramon John Hnatyshyn Award for Law. Also mentioned in this episode: Supreme Court of Canada - SCC Case Information - Summary - 40619 (scc-csc.ca) Judicial Workbook on Bill C-92 — An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (dal.ca) Supreme Court of Canada - SCC Case Information - Parties - 39856 (scc-csc.ca) Braiding Legal Orders | McGill-Queen’s University Press (mqup.ca) We highly recommend The Path: Canadian Bar Association - Understanding the Truth and Engaging in Reconciliation (cba.org) Reach out to us anytime at podcasts@cba.org…

The Every Lawyer

1
Lost in Promulgation: the trouble with Section 55 52:34

47 weeks ago52:34

52:34

For over 157 years, the Canadian federation has derived its legitimacy from a written constitution made up of 31 documents, the majority of which have no legal force in the French language, among them the foundational Constitution Act of 1867, formerly referred to as the British North America Act. While the Constitution Act of 1982 was written and adopted in both official languages, the remaining 71% of the documents, though translated, have yet to be promulgated. 42 years and counting. How did we get here? And what are the consequences of a 71% unilingual constitution? Professor François Larocque, holder of the first Canadian Francophonie Research Chair in Language Rights since 2018, is one of Canada’s top experts on language rights and is currently involved in litigation aimed at solving this issue once and for all. The French version of this episode is available here: Canadian Bar Association - Juriste branché (cba.org) . Constitution bilingue / Bilingual Constitution (youtube.com)…

The Every Lawyer

1
Practicing North of 60 48:17

50 weeks ago48:17

48:17

What is it like to fly in, perhaps even get briefly stranded, and then fly back out, all the while sharing some very close quarters with both the judge and opposing counsel? Very collegial. Julia welcomes an ad hoc panel of pan northern practitioners and active CBA members to The Every Lawyer: Leeland Hawkings was born and raised in Whitehorse, where he now works as legal counsel with the Yukon government; he is also the current vice president of the Yukon branch of the CBA. Paulina Ross left her home in Yellowknife to do her JD and a Masters Degree in environmental science. She has now returned and is currently the only articling student in the Northwest Territories. Eric Cheng is our big city litigator who answered the call and is now with the Nunavut Prosecution Service, providing access to justice for people living in some of the most remote communities in the world. It's no surprise to anyone that there is a shortage of skills in the North, but it may surprise you just how much opportunity there is for career growth for legal professionals. You may have to bring your own mason jars. This conversation was recorded on May 30th, 2024. Further listening: The Place That Thaws - Podcast | APTN News Write to us at podcasts@cba.org…

The Every Lawyer

1
A2J - Multidisciplinary Service Models 1:13:02

1 year ago1:13:02

1:13:02

Overarching themes: lawyers can benefit from multi-disciplinary approaches in various ways, clients seriously benefit from holistic approaches, and that combining these two approaches is really making headway on improving access to justice for vulnerable communities. Hosted by Julia Tétrault-Provencher and featuring: Emily Murray Luke’s Place, legal office with social and health support workers on site, specialised on the needs of survivors of intimate partner violence. People centered approach. Amy Slotek on her work as an embedded lawyer at a downtown Toronto mental health agency working with the homeless. Picking people up where they are. Michele Leering on Community Lawyers, Outreach, A2J in legal education and reflective practice. Ida Bianchi on how lack of access to all types of services, not only legal, often causes and then perpetuates people’s involvement with criminal and family justice systems. Ab Currie on the uneven but steady march of progress on improving access to justice, the interplay between legal and non-legal problems, how these tend to cluster and feed off of one another, and that the legal profession is finally coming to realise more fully that you simply can’t solve one without solving the other. Lisa Moore on Crossing Boundaries: Exploring Multi-Disciplinary Models for Legal Problem Resolution (2024). Lisa was the lead researcher and author and is also the director of the CFCJ. Home - Luke's Place (lukesplace.ca) Embedded Lawyer Program: 2022-23 annual report (legalaid.on.ca) Home - CALC (communitylegalcentre.ca) Michele Leering | Queen's Law (queensu.ca) JUST13_Bio_Currie.pdf (cba.org) Crossing boundaries: Exploring multi-disciplinary models for legal problem resolution (cfcj-fcjc.org)…

The Every Lawyer

1
Masters of Mediation 1:16:02

1 year ago1:16:02

1:16:02

There are many reasons for lawyers and litigators to consider mediation as a career move. And there are born mediators who may not have a professional legal background at all. Our goal in this episode is twofold: to make the case for mediation as a viable alternative to our over-burdened court system and to explore the role mediation plays in peace-, community-, and capacity- building on both the local and global scale. Pro-tip for seasoned professionals: mediation can also provide some relief for the feeling of burnout that can come from years of working in the adversarial system. Julia welcomes Christine Kilby from the CBA Dispute Resolution Section. Christine and Julia introduce us to masters of mediation: Joy Noonan, Esther Omam, Mina Vaish and Archana Medhekar. Sponsored by the CBA Dispute Resolution Section: "Alternative" Dispute Resolution has never been so mainstream. Further links: Canadian Bar Association - Dispute Resolution (cba.org) neutralsolutions.ca https://mediatorsbeyondborders.org/what-we-do/working-groups/united-nations-working-group/women-in-mediation-action-group/ Mina Vaish, LL.M | LinkedIn Ottawa Dialogue - Research & Action Archana Medhekar - Mediators Beyond Borders International Reach Out NGO | Cameroon (reachoutcameroon.org) Esther Omam - Women Mediators across the Commonwealth Esther Omam takes us on a deep dive into her work with Reach Out Cameroon during the Bakassi crisis on the border between Nigeria and Cameroon, and the Anglophone crisis in Cameroon's South West and North West Regions, still ongoing. For context: Bakassi conflict - Wikipedia Anglophone Crisis - Wikipedia Kilby Mediation…

The Every Lawyer

1
Actionable guidance on EDI in the face of a growing backlash – Charlene Theodore and Nikki Gershbain 1:16:55

1 year ago1:16:55

1:16:55

Julia welcomes two of Canada’s top experts on EDI in the legal workplace: McCarthy-Tetrault’s current and former Chief Inclusion Officers, Charlene Theodore and Nikki Gershbain. Before moving to McCarthy-Tetrault, Charlene Thedore worked as in-house council in the education sector and, in 2020, she was the first black person to become President of the OBA. Charlene has also worked for the UN committee on the elimination of racial discrimination and is a member and former director of the Canadian Association of Black Lawyers. In addition to her pioneering work on EDI at McCarthy and starting her own consultancy firm, IDEA Consulting, Nikki Gershbain is a long-time pro bono advocate and family law practitioner and has served as Executive Director of the Faculty of Law at the University of Toronto and National Director of Pro Bono Students Canada. In 2021, she received the Canadian Bar Association’s LGBTQ Hero Award for her work on trans workplace inclusion. This is an episode full of practical, usable, advice on achieving true equity, diversity, and inclusion, at work and everywhere else. It includes concrete examples of effective and beneficial workplace EDI policies and offers some terrific all-purpose life lessons and memorable, usable , quotes. Charlene, Nikki and Julia discuss everything from the business case for EDI to Elon Musk's twitter beef with Mark Cuban, the need for active leadership on human rights and why trans inclusion matters; how cultural trends and current events in our increasingly polarized political and historical realities impact us at work; that “the truth is always more complex, because none of us is either totally oppressed or completely privileged" (Nikki Gershbain), and that "no one has a monopoly on being wrong" (Charlene Theodore). Nikki Gershbain - IDEA Consulting: Inclusion, Diversity, Equity, Accessibility (ideaconsultinggroup.ca) Charlene Theodore | McCarthy Tétrault Law & Disorder Inc. - Law & Disorder Inc. (murraygottheil.com) As always, please feel free to subscribe and write to us anytime at podcasts@cba.org…

The Every Lawyer

1
Remaining Vigilant - barbara findlay KC and Douglas Elliott 1:18:30

1 year ago1:18:30

1:18:30

Trail-blazing penny droppers. Julia welcomes two iconic figures from within the CBA and the legal profession: barbara findlay KC and Douglas Elliott. Gay lawyers from when there were no gay lawyers. They co-founded SOGIC, now SAGDA, and are partly responsible for many of the rights the 2SLGBTQIA+ community has achieved over the last forty years. To quote barbara: "what was gained in a generation could easily be lost in a generation". And Douglas wrote: "we are experiencing a terrible backlash right now where the very concept of human rights is under attack and ‘DEI” is under sustained attack." Following their lead, we are Remaining Vigilant. Cases discussed in this episode: 2003 BCSC 1936 (CanLII) | Vancouver Rape Relief Society v. Nixon et al. | CanLII 1995 CanLII 98 (SCC) | Egan v. Canada | CanLII 1998 CanLII 816 (SCC) | Vriend v. Alberta | CanLII 1999 CanLII 686 (SCC) | M. v. H. | CanLII 2004 SCC 79 (CanLII) | Reference re Same-Sex Marriage | CanLII 2007 SCC 10 (CanLII) | Canada (Attorney General) v. Hislop | CanLII Final-Settlement-Agreement.pdf (lgbtpurgefund.com)…

The Every Lawyer

1
Collateral Consequences of Criminal Convictions 48:08

1 year ago48:08

48:08

Criminal defense attorneys Tony Paisana and Tyler Schnare from the CBA Criminal Justice Section geek out with Julia about the recently updated CBA Collateral Consequences Toolkit. For clients, it presents a comprehensive overview in fairly plain language about the fall-out of a criminal conviction. For lawyers, to quote Tony, "there are serious consequences to not advising of the consequences...". This updated resource aims to help lawyers, clients, and judges gain a better understanding of the impact of criminal convictions on offenders before the courts. The consequences can have an impact on everything from employment to housing, from family to financial considerations, from immigration to pardons. Collateral consequences have the power to affect an individual – forever. Canadian Bar Association - Collateral Consequences of Criminal Convictions: Considerations for lawyers (cba.org)…

The Every Lawyer

1
Touchstones 30th Anniversary - Ep.4: The Next 30 Years 55:40

2 years ago55:40

55:40

A discussion about what is actually behind the words, equity, diversity and inclusion. Our final episode with original CBA Task Force on Gender Equality members, Justice Sophie Bourque, Patricia Blocksom, Daphne Dumont and principal author Melina Buckley and a diverse cross-section of women lawyers working in the profession today on how much progress has been made on gender equality since 1993. And the next thirty years? “When will the profession get to a place where we can look back and say, we got there!?” -Sameera Sereda Link to the full report: touchstonesForChange.pdf (cba.org)…

The Every Lawyer

1
Touchstones 30th Anniversary - Ep.3: Intersectionality 54:51

2 years ago54:51

54:51

How the Bertha Wilson Task Force took an intersectional approach to their work on gender equality at a time when the phrase intersectionality was still an obscure legal term that had only recently been coined. This Episode begins with a compilation of lived experiences of junior, senior, and anywhere in-between, women lawyers from all walks of life and from all across Canada. Interviews by Rebecca Brown and Julia Tétrault-Provencher.…

The Every Lawyer

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Touchstones 30th Anniversary - Ep.2: Speaking Truth to Power 1:00:48

2 years ago1:00:48

1:00:48

To quote Patricia Blocksom: “Equality is a robust concept but a fragile reality.” Fortunately lawyers are good at remaining constantly vigilant and feminism is nothing to be afraid of, quite the opposite: by the end of this our second episode on the Touchstones Report, you will be very grateful you have chosen to let these wonderful women, these wonderful feminists, into your life for a while. Thanks for listening, reach out to us anytime at podcasts@cba.org! Touchstones Report Executive Summary: The CBA’s Task Force on Gender Equality’s groundbreaking 1993 Report titled “Touchstones for Change: Equality, Diversity, and Accountability” addresses a range of issues related to equality and discrimination in the legal profession. It focuses on barriers to entry into the profession, including law school admission policies, access to articling positions, and the articling experience. The Report also highlights the unique challenges faced by women in the legal profession, such as employment opportunities, career advancement, and the lack of accommodation for family responsibilities. Additionally, the Report explores the dynamics within private practice, government legal departments, and corporate legal departments, including issues of employment equality, career opportunities, and instances of sexual harassment. Further, the Report delves into the challenges faced by faculties of law and administrative tribunals, examining issues such as representation, career advancement, balancing career and family responsibilities, and sexual harassment. It also addresses the judiciary and the need for a fair and diverse appointment process, judicial education, and tackling discrimination within the judiciary. The practice of family law is discussed in detail, highlighting issues related to representation, career advancement, funding for legal aid, and challenges with the substantive law. The Report also emphasizes the role of Law Societies and the CBA in promoting equality within the legal profession. It explores the need for non-discrimination, monitoring, disclosure requirements, alternative discipline processes, and the importance of implementing the Task Force’s recommendations. Finally, it touches upon the need for gender equality in substantive law and procedure, examining areas such as family law, intellectual property law, criminal justice, and pensions and benefits. Overall, the Touchstones for Change Report provides a comprehensive overview of the challenges and areas requiring improvement in achieving equality and addressing discrimination within the legal profession in Canada. Reviewing the Summary below, one will see that many of these recommendations have been achieved; however, there is still much to be done to make them all a reality. Summary of Recommendations Chapter Two addresses barriers to entry into the legal profession and recommends a range of measures, including consultation mechanisms between law schools and law societies, outreach programs to promote diversity in the profession, education equity initiatives, affirmative action recruitment in law schools, admissions policy improvements, support for part-time studies, child care services on campus, increased funding for scholarships, gender-inclusive language and sensitivity in classrooms, curriculum reforms, potential Indigenous law school, appointment of Equity Officers and establishment of safe spaces in law schools, combating harassment and bias, and inclusion of gender-related courses in the Bar Admission program. Chapter Five addresses issues within law firm and recommends adopting interview guidelines, implementing employment equity programs, monitoring hiring processes, tracking internal referrals to detect systemic discrimination, supporting female lawyers facing client discrimination, banning sexist activities in client promotion, reviewing promotion practices, establishing mentoring programs for women lawyers, evaluating partnership decision-making processes to eliminate bias, reporting demographic information and retention rates to law societies, establishing parental leave policies, offering child care support, implementing policies to address sexual harassment, promoting workplace equity, conducting educational initiatives and collaborating with relevant organizations to implement and finance these initiatives. In Chapter Six, the Task Force presents recommendations to address gender equality issues within Government Legal Departments, including ensuring fair allocation of work and gender balance on committees, ensuring representation of minority women in the public service and gender equality in management and promotion processes, endorsing membership in professional associations, reviewing recruitment procedures, providing mechanisms for reviewing discretionary decisions related to family responsibilities, accommodating family responsibilities without hindering career advancement, providing anti-discrimination training, establishing advisory committees on gender issues and equal opportunities, and referring legal work to law firms with inclusive employment equity programs. Chapter Seven of the Report recommends that corporate legal departments actively promote employment equity by hiring women from minority groups, referring legal work to law firms with strong employment equity programs that include representation of all women, establishing a Subcommittee on Gender Issues within the Canadian Corporate Counsel Association (CCCA) to develop strategies and monitor progress, and utilizing the CCCA as a resource for corporate policies on parental leave, flexible work arrangements, and programs addressing sexual harassment. Chapter Eight suggests that law schools should prioritize recruiting faculty members from minority groups, regularly review recruitment practices for gender parity and minority representation, ensure affirmative action recruits are recognized as fully qualified, promote women's representation in committees and leadership roles, adopt workplace equity policies, consider women and minority faculty for dean appointments, eliminate gender-based salary differences, address salary inequities, provide reduced teaching loads and sabbaticals, and develop materials and seminars to address gender and minority challenges in teaching, with the Canadian Council of Law Deans playing a supportive role. Chapter Nine advises governments to actively recruit women and under-represented groups for administrative tribunal positions, establish a re-appointment protocol without term limits, consider tribunal lawyers for other government and senior civil service roles, view tribunal experience as valuable for judicial appointments, review adjudicators' salary levels for potential discrimination, and encourage administrative tribunals to implement flexibility policies and suspend appointments during maternity and parental leave. Chapter Ten proposes that the CBA create objective criteria for judicial appointments and establish committees for their development, and advocate for an affirmative action policy to appoint women and minority women, while also addressing discrimination in the appointments process; it recommends mandatory sensitivity courses for judges, fair workload allocation for women judges, and the creation of a Commission on Judicial Conduct with public hearings and equal representation of judges, lawyers, and the public. In Chapter Eleven, the Task Force recommends increasing the emphasis on family law in legal education, improving its status within the legal profession, supporting family law practitioners, and ensuring sufficient funding and judicial resources for family law cases at both federal and provincial levels. In Chapter Twelve, the Task Force recommends that law societies prioritize diversity and enforce non-discrimination rules. The Task Force also suggests establishing internal procedures within law firms to handle gender discrimination complaints and appointing "safe counsel" to investigate such complaints. Additionally, they propose monitoring the progress of women and minority groups within firms, ensuring compliance with human rights legislation, and developing educational initiatives to eliminate discrimination and promote equality. Law societies are also urged to gather statistics on the representation of minorities and conduct studies on racism in the profession. In Chapter Thirteen of the Report, the Task Force recommends that the CBA amend its constitution and mission statement to address discrimination, conduct an inquiry into racism, promote accessibility and inclusion, gather statistics on underrepresented groups, establish committees, support lawyers with family responsibilities, advocate for gender equality, and adopt gender-inclusive language policies. Lastly, the Task Force recommends in Chapter Fourteen that the CBA offer legal education programs on gender bias, develop a national strategy to eliminate gender bias in the justice system, advocate for access to justice measures for women, establish gender issues sub-committees, consult the National Equality Committee on law reform initiatives, and review submissions to address gender-related issues. touchstonesForChange.pdf (cba.org)…

The Every Lawyer

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Touchstones 30th Anniversary - Ep.1: The Bertha Wilson Task Force 1:03:19

2 years ago1:03:19

1:03:19

On the occasion of the 30th anniversary of the release of the CBA report, Touchstones for Change, Equality, Diversity and Accountability, we listen in on a kitchen table discussion between 3 of the original task force members, Daphne Dumont, Patricia Blocksom, and Sophie Bourque, and the lead author of the report, Melina Buckley. We get the historical context, where the original authors were, and what the world was like thirty years ago when they began their work on the Touchstones Report, or as they would phrase it, when they joined the Task Force. We learn of the enormity of their undertaking, and the significance of the phrase task force, i.e. the need for clear goals and collective, sustained, effort. We hear about how the Touchstones Report was initially received by the legal profession, a notoriously tough audience to be sure, and how the CBA led the way by very publicly implementing the report’s recommendations. We also learn a lot about the continued history of feminism, the difference between tokenism and real change, and that there is still a long way to go. Implementation. Led by Bertha Wilson, the Touchstones task force knew that the writing of the report including the research and recommendations was only the beginning. To engineer real societal change, what would happen as a result of the task force’s findings would be essential, as would the CBA. The real story of the Touchstones Report is about the self-reflection and willingness to embrace change on the part of the members the legal profession in the face of, well, the evidence. The CBA not only advocated for change, but it also actually changed itself and continues to do so. We feel that it is fair to say that the Touchstones Report changed the way the legal profession looks at equality and helped us to understand the need for diversity, equity, and inclusion within the profession and how the profession can, does, and should, provide leadership on exactly these areas of human co-existence. “It is a wise man who said that there is no greater inequality than the equal treatment of unequals.” -Frankfurter J., quoted by Bertha Wilson in her Introduction from the Chair, CBA Touchstones for Change. touchstonesForChange.pdf (cba.org)…

The Every Lawyer

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Best of CBA Podcasts on Mental Health in the Legal Profession 1:05:13

2 years ago1:05:13

1:05:13

Excerpts from our CBA Podcasts cross channel series on Mental Health in the Legal Profession. With Glen Hickerson from the CBA well-being subcommittee, former Chief Justice of Ontario George Strathy, Sania Chaudhry, Yves Faguy, editor of the CBA National Magazine, Jason Ward, former CBA President, Stephen Rothstein, the Hon. Justice Mahmud Jamal, the Hon. Justice Michele Hollins of King's Bench Alberta, and the author of the Report on the Psychological Health Determinants of Legal Professionals in Canada from the university of Sherbrooke, Dr. Nathalie Cadieux. Hosted by Julia Tétrault-Provencher. The National Study on the Psychological Health Determinants of Legal Professionals in Canada…

The Every Lawyer

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OBA President Kelly McDermott 50:52

2 years ago50:52

50:52

In anticipation of our forthcoming mini-series marking the 30th anniversary of the Touchstones Report, celebrating what has been achieved in the last three decades while remaining vigilant and tenacious in the pursuit of true equity, diversity, and inclusion in the legal profession, here is Julia's complete conversation with OBA President Kelly McDermott. Both as senior in-house counsel who leads labour negotiations and litigation at the Regional Municipality of Durham and as a single mom with an episodic disability and primary caregiver to a person on the autism spectrum, Kelly knows about lawyering when life turns up, and the importance of professional support networks. This is a solution driven podcast about EDI beyond the lip service. To quote Kelly McDremott: "Conversations turn into ideas turns into action."…

The Every Lawyer

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CBA President John Stefaniuk KC 41:26

2 years ago41:26

41:26

Safeguarding the rule of law and the legal profession. Julia Tetrault-Provencher welcomes John Stefaniuk K.C. The CBA President speaks about growing up in Manitoba, the war in Ukraine, his long association with the CBA, and its role in safeguarding the rule of law both at home and abroad. Their discussion also touches on the role the CBA can, and does, play in promoting and improving inclusion in the legal profession and the responsibility to give back that comes with privilege.…

The Every Lawyer

1
The Violence Link in Practice 44:49

2 years ago44:49

44:49

The Violence Link in Practice *Content warning: This episode discusses serious and potentially triggering subjects, including family violence and animal abuse, as well as the recounting of real-life events. A new Report prepared for Humane Canada with funding from the Department of Justice Canada, The Violence Link in Practice is an empirical analysis of the implications of the Violence Link for Family Justice Professionals. But what exactly is the Violence Link? Broadly, it describes the intersection between animal abuse and a litany of violent criminal offences from bestiality, child-, elder- and spousal abuse, to gang violence, human trafficking, and homicide. And family lawyers are often on the front line. With: - Dr. Amy Fitzgerald. Criminology Professor at the University of Windsor, Amy is THE authority on the Violence Link, she has been researching the connection between animal abuse and domestic violence for many years and is the principal author of The Violence Link in Practice. -Jenny Mason has practiced family law for several years and is active in the PEI branch of the CBA as Chair of the Family Law Section, Chair of the ADR section, and Co-chair of the Animal Law section. Jenny has firsthand experience with the violence link in her practice. -Kerri Thomson and Valerie Monckton. Both from Humane Canada, they co-authored the report together with Amy and oversaw much of the research. Please remember that abusers often monitor their victims’ online activity and correspondence. When sharing any information about abuse of any kind, it may be safer to do so verbally and in person. The Violence Link in practice - SUMMARY REPORT (humanecanada.ca) The Violence Link in Practice - Full Report 2016 SCC 22 (CanLII) | R. v. D.L.W. | CanLII R v Chen, 2021 ABCA 382 | NCPAC Case Law Database…

The Every Lawyer

1
SAGDA 56:12

2 years ago56:12

56:12

SAGDA - The Sexual and Gender Diversity Alliance, formerly known as SOGIC. We learn a bit about the history of SOGIC: (spoiler alert, it started out as a very well protected email list) and a bit about the everyday business of SAGDA: (spoiler alert: you will be encouraged to join!). From being a good ally to mentorship to opportunity, this episode also features a frank discussion on pride and the need to remain vigilant given a backdrop of rising hate. Julia welcomes lawyers Chris Ellis and Hossein Moghtaderi from SAGDA. Canadian Bar Association - Sexual Orientation and Gender Identity Community (cba.org) Hossein’s end of term newsletter: Canadian Bar Association - Happy Pride Season! (cba.org) Steeves Bujold's podcast series: Canadian Bar Association - Conversations with the President (cba.org)…

The Every Lawyer

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A2J - Legal Coaches 55:58

2 years ago55:58

55:58

Legal coaching as a practical approach to Canada’s Access to Justice Crisis. Marcus Sixta is the founder of Crossroads Law, a well-established firm specializing in family law with offices in Calgary and Vancouver and a 2023 excellence awardee for Canadian family law firm of the year, and more recently, he founded Coach My Case, which offers legal coaching services to self-represented litigants – we will be talking a lot about this in this podcast. A former social worker, Marcus is a certified collaborative divorce lawyer and an accredited family law mediator and family lawyer, and in 2021, he ranked as one of the top 25 most influential lawyers in Canada. Jo-Anne Stark is a former director of Advocacy at CBABC and the founder of Stark Solutions, primarily focused on helping SRLs navigate the legal system and providing training and certification for lawyers seeking to offer legal coaching services. You may well recognize Jo-Anne from our recent panel episode on limiting the misuse of NDAs by legal professionals as the lawyer who forwarded the extremely successful CBA resolution (94% in favor) on that issue. It was Jo-Anne’s second successful resolution at the CBA, after last year’s A2J Subcommittee resolution, which she also forwarded, calling for the CBA to look into innovative approaches to improving access to justice. Legal coaching for self-represented litigants is one such approach that is gaining traction as the number of self-represented litigants continues to increase all over the country, particularly in the area of family law. Jo-Anne recently publisheda Guidebook on Mastering the Art of Legal Coaching for legal professionals interested in learning how to set up and run legal coaching sessions to help self-represented people. Available online and through major retailers! Canadian Bar Association - Access to Justice (cba.org) Reaching equal justice report (cba.org) Www.legalcoachesassociation.org Mastering the Art of Legal Coaching: The Legal Professional's Guide to Empowering Clients: Stark, Jo-Anne: 9780228829713: Books - Amazon.ca Represent Yourself in Family Law Court - Hire a Legal Coach (coachmycase.ca) Calgary Family Lawyers Divorce Separation Child Support (crossroadslaw.ca) Home - CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)…

The Every Lawyer

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The Misuse of NDAs 49:38

2 years ago49:38

49:38

In this episode of the Every Lawyer we discuss restricting the use of NDAs in Canada’s legal system. Joining Julia for this timely discussion are: Jo-Anne Stark is a lawyer and Certified Legal Coach and operates Stark Solutions Legal Coaching and Consulting which offers virtual help to self-represented litigants and training to lawyers who want to offer legal coaching to their own clients; she is the volunteer President of Legal Coaches Association, a non-profit she founded in 2019 to increase access to justice, a role which she has kindly agreed to talk about with us in another upcoming A2J episode of the Every Lawyer; she is also a former Director of Advocacy at CBABC. Julie MacFarlane is a Distinguished University Professor (Emerita) at the University of Windsor. Julie has also held numerous visiting appointments at universities all over the world. Her books include The New Lawyer : How Clients are Transforming the Practice of Law 2nd edition, UBC Press 2017; Islamic Divorce in North America : Choosing a Shari’a Path in a Secular Society (OUP 2012).; and Going Public: a Survivor’s Journey from Grief to Action Between the Lines Press, 2020). Julie has received many awards for her work, including the International Academy of Mediators Award of Excellence (2005), the David Mundell Medal for Legal Writing (2016), and one of Canada’s 25 Most Influential Lawyers (2017). In 2020 she was named to the Order of Canada. She is co-founder with Zelda Perkins of Can’t Buy My Silence, which campaigns for a change in the law on the misuse of Non-Disclosure Agreements. Julie is also an authority on self-represented litigants and hosts a podcast on this topic which we highly recommend, Jumping Off the Ivory Tower. Jumping Off the Ivory Tower with Prof Julie Mac – NSRLP (representingyourselfcanada.com) Ronald A. Pink, K.C. practices in the fields of governance for organizations both public and private, pensions and benefits law, collective bargaining for public and private clients, municipal law, and labour and employment law. An advocate for labour relations, employment standards, and pensions and benefits, Ron has a long history with the Canadian Bar Association. He has served as President of the Nova Scotia Branch, Chair of the National Continuing Legal Education Committee, the first Chair of the International Development Committee and as acting Director of the Canadian Bar Insurance Association. Jennifer Khor is Supervising Lawyer and Project Manager for the Community Legal Assistance Society’s SHARP Workplaces Legal Clinic. Jennifer provides legal advice and delivers education and training on workplace sexual harassment. She is also a member of the Uniform Law Conference of Canada’s working group on NDA’s.…

The Every Lawyer

1
Leadership Lawyers - Tom Ullyett and Jordan Brown 1:03:56

2 years ago1:03:56

1:03:56

The CBA as a pathway to a career in politics? Absolutely. With applications to join a CBA national section executive closing at the end of this month, Julia welcomes two long-time CBA-ers, Jordan Brown and Tom Ullyett, who have pursued careers in politics. Tom served as Deputy Minister in the Yukon to six ministers from two political parties over the course of thirty years. Jordan held political office in his home province of Prince Edward Island from 2015 to 2019, serving as Minister of Education, Minister of Justice and Attorney General. They discuss their involvement with the CBA over the years, the not always obvious duties of government lawyers, and how a professional legal education shouldn’t limit you to the practice of law. Canadian Bar Association - National Section Elections (cba.org) Government Lawyering: Duties and Ethical Challenges of Government Lawyers | LexisNexis Canada Store…

The Every Lawyer

1
Indigenous Peoples and the Criminal Legal System - Jennifer David & Andrea Menard 58:14

2 years ago58:14

58:14

The Path - Your Journey Through Indigenous Canada. Module 6: Indigenous Peoples in the Criminal Legal System. Jennifer David is a senior consultant and leads an area of service called Truth and Reconciliation at NVision Insight Group, a majority Indigenous-owned company with First Nations, Inuit, Metis and non-Indigenous shareholders and staff. From Omushkego, Jennifer is a member of Chapleau Cree First Nation and has a journalism degree from Carleton University in Ottawa, where she currently lives. She oversees the development and delivery of all Indigenous cultural awareness learning opportunities under the banner of The Path. Andrea Menard is a Métis Nation of Alberta citizen who has worked for various organizations that range from academic, government, Treaty-making, and legal non-profit and legal regulatory work, and teaches Reconciliation and Lawyers at the University of Calgary, Faculty of Law as well as In Search of Reconciliation Through Dispute Resolution at Osgoode Hall Law School. Co-founder of the Indigenous Lawyers' Forum, an Alberta-based networking group for Indigenous lawyers, legal academics and law students, Andrea is also on the Board of Directors for the Alternative Dispute Resolution Institute of Alberta (ADRIA), and on the Canadian Bar Association's National Indigenous Advisory Group - Criminal Justice. Michael Michel on LinkedIn: I'm happy to share that my third publication, titled "Indigenous… Canadian Bar Association - Understanding the Truth and Engaging in Reconciliation (cba.org) Bigstone Restorative Justice | Justice réparatrice de Bigstone – RJ Pilot (rjalbertacourts.ca) John Borrows, Recovering Canada: The Resurgence of Indigenous Law - McGill Law Journal https://www.aptnnews.ca/investigates/inside-corrections-are-structure-intervention-units-a-safe-alternative-to-isolation/ further reading: Overincarceration of Indigenous people: a health crisis | CMAJ https://www.cbc.ca/news/canada/saskatchewan/opinion-andre-bear-maintaining-legal-system-obstructing-justice-indigenous-1.6781527…

The Every Lawyer

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Garde Préventive - Tory Hibbitt & Dr. Vanessa Cardy MD 35:18

2 years ago35:18

35:18

Case law on the Every Lawyer. Julia welcomes Tory Hibbitt, past chair of the CBA's Health Law Section and Dr. Vanessa Cardy MD, to discuss Garde Préventive and recent changes to Alberta's Mental Health Act.

The Every Lawyer

1
Mental Health in the Legal Profession - Sania Chaudhry 53:23

2 years ago53:23

53:23

Julia welcomes Sania Chaudhry, an employment and human rights lawyer and winner of Alberta’s Top 30 under 30 award for professional excellence in 2022, to discuss mental health in the legal profession. Sania is active with the Alberta Branch of the CBA, as well the Federation of Asian Canadian Lawyers, and the Canadian Muslim Lawyers Association. Julia talks to her about bouncing back from burn-out, going from litigation in private practice to a regulator and back again, learning to cope with microaggressions and stigma on multiple fronts, and starting a family, all before turning 30. This conversation features an impressive density of tips, tricks, and hands-on advice for young legal professionals and their employers on sustainable lawyering. EN_Preliminary report_Cadieux et al_Université de Sherbrooke_221024.pdf (flsc.ca) https://www.theglobeandmail.com/opinion/article-legal-profession-needs-to-act-on-barriers-facing-historically/ https://nationalmagazine.ca/fr-ca/articles/the-practice/legal-education/2021/moving-beyond-diversity-and-inclusion https://www.nationalmagazine.ca/en-ca/articles/the-practice/legal-education/2020/anti-racism-as-part-of-continuing-professional-dev Trauma informed lawyering and bystander training: https://www.myrnamccallum.co/ https://standupteams.ca/ CBA National EDI recording series: Achieving Racial Justice: https://www.cbapd.org/details_en.aspx?id=na_NA22EDI01A Indigenous Lawyers Panel: https://www.cbapd.org/details_en.aspx?id=na_NA22EDI08A Disability & Mental Health Panel: https://www.cbapd.org/details_en.aspx?id=na_NA22EDI09A Internationally Trained Lawyers Panel: https://www.cbapd.org/details_en.aspx?id=na_NA22EDI10A CBA Alberta EDI PD recording series: Anti-Racism Education for Legal Professionals: https://www.cbapd.org/details_en.aspx?id=ab_ab21edi01o Being an Engaged Bystander: https://www.cbapd.org/details_en.aspx?id=ab_AB21EDI05O How to be an effective ally: https://www.cbapd.org/details_en.aspx?id=ab_ab21edi04o…

The Every Lawyer

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YLIP Goes IDLO Mongolia 56:11

2 years ago56:11

56:11

The CBA Young Lawyers International Program, or YLIP, places upcoming young lawyers and law graduates from Canada at internships with overseas organizations working in the areas of law reform, human rights, and access to justice. The program has been funded by Global Affairs Canada as part of the Government of Canada’s Youth Employment Strategy. Julia speaks to Stephen Gerald Kent and Agizul Sumber from IDLO Mongolia, and Abdu Murabit, who has just finished a YLIP internship with them, about their recent exposure visit to Ontario's Family Courts. Legal best practice sharing in the global effort against domestic violence. Mongolia | IDLO - International Development Law Organization Canadian Bar Association - Young Lawyers International Program (cba.org)…

The Every Lawyer

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Mental Health in the Legal Profession - Justice George R. Strathy 41:57

2 years ago41:57

41:57

Julia welcomes recently retired Chief Justice of Ontario, George R. Strathy to discuss his motivation in publishing these two articles on mental health in the legal profession: The Litigator and Mental Health - Court of Appeal for Ontario (ontariocourts.ca) Reflections on Mental Health - Court of Appeal for Ontario (ontariocourts.ca) and get his first impressions of the recently published groundbreaking nationwide study by the University of Sherbrooke on the psychological health determinants of legal professionals in Canada: EN_Preliminary report_Cadieux et al_Université de Sherbrooke_221024.pdf (flsc.ca) They also discuss the impacts of working from home and the billable hour system on maintaining good mental health, as well as the importance of mentorship: Canadian Bar Association - Mentorship Programs (cba.org)…

The Every Lawyer

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Mental Health in the Legal Profession - Dr. Nathalie Cadieux & Glen Hickerson 35:01

2 years ago35:01

35:01

Julia welcomes Prof. Nathalie Cadieux from the University of Sherbrooke and Glen Hickerson from the CBA Well-being sub-committee to discuss the first ever nationwide comprehensive study of the psychological health determinants of the legal profession, sponsored by the Federation of Law Societies and the Canadian Bar Association. Today will also see the release of the report’s much anticipated recommendations, which we will go through at the end of this episode. Whatever the reason for your interest in this issue, if you are a legal professional or aspire to be one, setting limits and achieving psychological detachment from your work are the key. Canadian Bar Association - The first comprehensive national study on wellness in the legal profession is published (cba.org) Recommendations: https://flsc.ca/wp-content/uploads/2022/12/EN_Report_Cadieux-et-al_Universite-de-Sherbrooke_FINAL.pdf Executive Summary: https://flsc.ca/flsc-s3-storage-pub/u/flsc-s3-storage-pub/FINAL_Executive%20Summary-Wellness.pdf FAQ: https://flsc.ca/flsc-s3-storage-pub/u/flsc-s3-storage-pub/FAQs%20v5%20Wellbeing.pdf Canadian Bar Association - CBA Well-Beingx https://nationalmagazine.ca/en-ca/articles/legal-market/law-firms/2022/a-wake-up-call-for-law-firms…

The Every Lawyer

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Mental Health in the Legal Profession - Justice Michele Hollins 37:49

3 years ago37:49

37:49

The first in a series of deeper dives on mental health in the Every Lawyer. Julia welcomes the Honourable Justice Michele Hollins of the court of King's Bench Alberta to discuss the recently published National Study on the Psychological Health Determinants of Legal Professionals in Canada, Phase I, Research Report by Dr. Nathalie Cadieux from the University of Sherbrooke. Canadian Bar Association - The first comprehensive national study on wellness in the legal profession is published (cba.org) Please feel free to contact us via podcasts@cba.org…

The Every Lawyer

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BHR Guide - Mineral Extraction with Lloyd Lipsett 42:05

3 years ago42:05

42:05

Canadian Bar Association - Business and Human Rights (cba.org) Lloyd Lipsett is an international human rights lawyer with over 20 years of experience working with leading companies, governments, national human rights institutions, civil society organizations and indigenous peoples. He has developed a niche in the field of business and human rights, with a focus on implementing human rights due diligence processes (HRDD) and human rights impact assessments (HRIA) in challenging contexts. In particular, he has led or participated in over 30 HRIAs and has conducted over 75 site visits to implement HRIA or HRDD processes around the world.…

The Every Lawyer

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Marketing and Social Media for Lawyers with Sandra Bekhor and Garry Wise 43:39

3 years ago43:39

43:39

How to get 2000 twitter followers without using clickbait. Marketing consultant Sandra Bekhor and small firm founder and senior lawyer Garry Wise recently celebrated their 22nd anniversary. What's their secret? In this episode of the Every Lawyer, the Toronto power couple show that when it comes to marketing and social media for lawyers, as in all things including love, you have to give to receive. We thought about calling this episode "the early adopters get the clients" but embracing technological and societal developments early on is only part of the secret to building the firm you want. links: https://nationalmagazine.ca/en-ca/articles/the-practice/small-and-solo/2021/making-the-most-of-your-linkedin-profile Sandra Bekhor, Practice Development Consultant at Bekhor Management Wise Law Office - Toronto Law Firm & Lawyers | Serving Ontario https://www.linkedin.com/in/saraforte/ https://www.americanbar.org/products/inv/book/411688555/…

The Every Lawyer

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The Business of Business and Human Rights 34:20

3 years ago34:20